Grisham v. State
Supreme Court of Alabama
Appeal from Lauderdale Circuit Court. Heard before Hon. Joseph H. Nathan. The defendant was indicted, tried, and convicted of assault with intent to murder Oscar Thornton. The evidence tended to show that defendant shot Thornton with a pistol in a difficulty growing up out of the fact that de-' fendant had run away with Thornton’s sister and married her.
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Appeal from Lauderdale Circuit Court. Heard before Hon. Joseph H. Nathan. The defendant was indicted, tried, and convicted of assault with intent to murder Oscar Thornton. The evidence tended to show that defendant shot Thornton with a pistol in a difficulty growing up out of the fact that de-' fendant had run away with Thornton’s sister and married her. The evidence for the defendant tended to show that Thornton commenced the difficulty, and that while both were on the ground scuffling defendant’s pistol fell out of his pocket. That when this happened Thornton jumped up and made as if to…
1Opinion of the CourtHaralson, J.
The defendant excepted to the oT,al charge of the court as a whole. It consisted of several paragraphs, each of which was not bad, which must be the case, to condemn the whole charge. — Postal Tel. Co. v. Hulsey, 132 Ala. 461, 31 South. 527.
The exception to the charge as a whole was, “that the court had failed to charge on all the offenses embraced in the indictment.” The court cannot be put in error for a mere failure or refusal to instruct orally upon a certain *4conceived phase of the testimony. The defendant should have requested specific instructions good in point of law and appropriate to…
2Cases cited3 opinions
- Williams v. StateSupreme Court of Alabama · 1906
- Postal Telegraph Cable Co. v. HulseySupreme Court of Alabama · 1901
- Richmond & Danville Railroad v. WeemsSupreme Court of Alabama · 1892
3Cited by12 opinions
- Watson v. StateCourt of Criminal Appeals of Alabama · 1980
- Walker v. StateCourt of Criminal Appeals of Alabama · 1982
- Crumpton v. StateCourt of Criminal Appeals of Alabama · 1981
- Gurley v. StateAlabama Court of Appeals · 1952
- Tanner v. StateAlabama Court of Appeals · 1953
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